Jammu & Kashmir High Court seeks UT's response to PIL challenging J&K Tenancy Act 2025

The High Court of Jammu and Kashmir and Ladakh on Thursday sought the response of the Union Territory (UT) of Jammu and Kashmir to a Public Interest Litigation (PIL) petition that has challenged the constitutional validity of the Jammu and Kashmir Tenancy Act, 2025 [Amandeep Sharma & Ors V/s UT of J&K].

A Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal heard the matter and directed Senior Additional Advocate General Monika Kohli to seek instructions from the government in the matter.

The petition before the Court was filed by Amandeep Sharma, President of the Young Lawyers Association, along with other members of the Association.

Senior Advocate Vikram Sharma led the arguments for the petitioners and argued that the new Tenancy Act divests judicial officers of adjudicatory powers in landlord-tenant disputes and vests the same in executive officers who lack judicial training and are already overburdened with administrative responsibilities.

It was further submitted that the Act does not serve public interest as it fails to maintain a fair balance between the rights of landlords and tenants.

The Bench was also informed that the repeal and saving clause of the Tenancy Act, 2025 does not protect litigations presently pending due to interim orders passed in the case of CM Sharma v. State of J&K, which involves a challenge to the earlier J&K Residential and Commercial Tenancy Act, 2012.

During the hearing, President of the Jammu and Kashmir High Court Bar Association, Jammu, Nirmal Kotwal, intervened and requested the deferment of the matter since a representation on this issue is now pending before the government.

However, the Court observed that the PIL is non-adversarial in nature and proceeded to hear preliminary submissions on the merits of the matter.

The case will be heard next on December 22, Monday.

Senior Advocate Sharma (for the petitioners) was assisted by Advocates Pravesh Salaria and Sachin Dev Singh.